Order · As enacted · 4 parts
Geneva Convention Order, 2005
Part I
Official textFrom Attorney General's Chambers, unchanged
This Order may be cited as the Geneva Conventions Order, 2005, and shall commence on the date to be appointed by the Minister, with the approval of
His Majesty the Sultan and Yang Di-Pertuan, by notification in the Gazette.
The Minister may appoint different dates for the commencement of different provisions of this Order and for different purposes of the same provision.
The long title of this Order is "An Order to enable effect to be given to certain Conventions relating to the amelioration of the condition of the wounded and sick in armed forces in the field, the amelioration of the condition of the wounded, sick and shipwrecked members of armed forces at sea, the treatment of prisoners of war, and the protection of civilian persons in time of war, all signed at Geneva on 12th. August, 1949, and to the Protocols additional to those
Conventions signed at Geneva on 10th. June, 1977, and for purposes connected therewith".
Interpretation.
s 2
In this Order, unless the context otherwise requires -
"Conventions" means the first Convention, the second Convention, the third Convention and the fourth Convention;
''court'' includes a court-martial;
"first Convention" means the Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in the Field signed at Geneva on 12th. August, 1949, a copy of which Convention (not including the annexes to that Convention) is set out in the First
Schedule;
"fourth Convention" means the Convention relating to the Protection of Civilian Persons in Time of War signed at Geneva on 12th. August,
1949, a copy of which Convention (not including the annexes to that
Convention] is set out in the Fourth Schedule;
"Minister" means the Minister for the time being designated by His
Majesty the Sultan and Yang Di-Pertuan to be responsible for this
Order;
"protected internee" means a person protected by the fourth
Convention or Protocol I and interned in Brunei Darussalam;
"protected prisoner of war" means a person protected by the third
Convention or a person who is protected as a prisoner of war under
Protocol I;
"protecting power", in relation to a protected prisoner of war or a protected internee, means the power or organisation which is carrying out, in the interests of the power of which he is a citizen, or of whose forces he is, or was at any material time, a member, the duties assigned to protecting powers under the third Convention, the fourth
Convention or Protocol I, as the case may be;
"Protocol I" means the Protocol Additional to the Conventions of 12th. August, 1949, relating to the Protection of Victims of International
Armed Conflicts signed at Geneva on 10th. June, 1977, a copy of which
Protocol [including Annex I to that Protocol) is set out in the Fifth
Schedule;
"Protocol 11" means the Protocol Additional to the Conventions of 12th. August, 1949, relating to the Protection of Victims of Non-International Armed Conflicts signed at Geneva on 10th. June, 1977, a copy of which Protocol is set out in the Sixth Schedule;
"Protocols" means Protocol I and Protocol 11;
"scheduled Conventions" means the Conventions set out in the
Schedules;
"second Convention" means the Convention for the Amelioration of the
Condition of the Wounded, Sick and Shipwrecked Members of Armed
Forces at Sea signed at Geneva on 12th. August, 1949, a copy of which
Convention (not including the annexes to that Convention] is set out in the Second Schedule;
"third Convention" means the Convention relating to the Treatment of
Prisoners of War signed at Geneva on 12th. August, 1949, a copy of which Convention (not including the annexes to that Convention) is set out in the Third Schedule.
References in this Order to the commencement of this Order are to the commencement of the main substantive provisions of this Order and the consequential repeal of the Geneva and Red Cross Act (Chapter 86).